The legal battle for the 2027 election ticket of the All Progressives Congress, APC, for Delta South Senatorial seat was on Monday shifted again by the Federal High Court in Abuja due to the absence of the Independent National Electoral Commission, INEC.
At Monday’s proceedings, when the suit instituted by a former Chairman of the Delta State Oil Producing Areas Development Commission, DESOPADEC, Prince Micheal Diden, was to be heard, Justice Mohammed Umar, put it off till Wednesday, to enable the electoral body appear in court to present its own position.
It would be recalled that this is the third time INEC would be absent in court. The commission has also not filed any process in respect of the matter.
During the proceedings, Bankole Joel Akomolafe, SAN, appeared for the plaintiff, while Lukman Fagbemi, SAN, announced appearance for Senator Joel Onowakpo and Habeeb Lawal stood for the APC.
Lead counsel to the plaintiff, told the judge that he had filed his reply to the two sets of statements of defense of Senator Onowakpo and APC and that he had served same on them as 1st and 2nd defendants.
Akomolafe however, noted that the electoral body was still not in court despite the service of the originating summons on it to enable it file its defense.
The senior lawyer said that in view of the critical importance of INEC to the suit, he would concede to an adjournment till Wednesday to allow the electoral body be in court.
He also announced to the court that the two video recordings on the conduct of the primary election would be played in the open court to enable the court arrive at a just conclusion.
Based on the agreement of lawyers Justice Umar, shifted the hearing till July 8, with an order that a fresh hearing date should be communicated to the INEC.
Ejele, a former Chairman of Sapele Local Government Area of Delta State commenced the legal battle against the 1st defendant’s (Senator Joel Onowakpo) declaration as winner of the APC’s primary election in the Delta South Senatorial District, held on May 18, 2026.
The plaintiff in the suit marked: FHC/ ABJ/CS/1094/2026 is claiming that he secured the highest number of votes cast at the primary election and should be declared candidate of the APC for the Delta South Senatorial District election, slated for January next year.
He is among others asking the court to declare him winner of the May 18, Direct Primary election conducted for the selection of the APC’s candidate for the 2027 senatorial election in the district, on grounds that he scored the highest votes cast at the poll.
In the Writ of Summons filed on his behalf by his team of lawyers led by Mr Bankole Joel Akomolafe, SAN, the plaintiff accused the 1st defendant of manipulation and announcement of forged and fake results.
Diden in the statement of claim stated that the National Working Committee of the APC who organised the aforesaid Primary Election announced the established procedures for the announcement of the result of the said election; that the collation and announcement of results would be conducted exclusively in an official briefing at Abuja after the submission of all results.
He averred that contrary to the instructions the 1st defendant immediately ran to various media to pronounce himself the winner of the APC Direct Primary Election for the Delta South Senatorial District, Delta State held on Monday, May 18, 2026, thereby allegedly misinforming the public and particularly members of the Senatorial District of the Plaintiff.
“The 1st Defendant connived and colluded with his cohorts to write forged results where he falsely declare himself the winner of the election, he did not only publish the forged results of the 8 Local Government Areas under the Delta South Senatorial District, Delta State in the various media, he also recorded his cohorts publicly declaring the false result in a video that has gone viral to mislead the people contrary to what actually transpired on the day of election where the plaintiff defeated the 1st Defendant with a wide margin”, he claimed.
Plaintiff further averred that the 1st Defendant made the aforesaid representations fraudulently in that he knew they were false or were reckless, not caring that they were true or false notwithstanding the monitoring of the 3rd Defendant officials at the election.
“Contrary to the above declaration of the false results announced by the 1st Defendant in the viral video pleaded above, the Plaintiff through his agents in all the wards of the 8 Local Government Areas within the Delta South Senatorial District, Delta State have the authentic results of each ward intact in which the Plaintiff defeated the 1st Defendant with a wide margin scoring 96,893 (Ninety Six Thousand, Eight Hundred and Ninety Three) votes as against the 1st Defendant’s 31,918(Thirty One Thousand, Nine Hundred and Eighteen) votes respectively”, he said.
The plaintiff added that sequel to the above unequivocal and overwhelming victory he won at the poll the “leaders, stakeholders, elders, women, youths and registered members of the APC in the Senatorial District wrote a formal petition to the party’s national headquarters to denounce and reject the fraudulent declaration of the 1st Defendant as the winner of the election”.
He added that his lawyers had written a similar complaint “about the desperate manipulation and the announcement of fake results of Monday, May 18, 2026 election by the 1st Defendant to the National Chairman of the 2nd Defendant.
“The Plaintiff avers that the 1st Defendant by his actions has not only embarrassed all the contestants of the election but has also cast aspersion on the entire election process, unless this Honourable Court grants the reliefs of the Plaintiff and put the record straight for all observers”.
Among reliefs he is seeking from the court are; a declaration that the Plaintiff being the aspirant who scored the highest number of valid votes cast at the APC Primary Election for the Delta South Senatorial District, Delta State held on Monday, May 18, 2026 and having satisfied the requirements of the Constitution, Electoral Act, 2026 and the APC’s Direct Primaries Guidelines and Procedures, be declared the winner and he should be declared as the Candidate of the APC in the 2027 general elections of Delta South Senatorial District, Delta State in Nigeria.
He is also seeking an order directing the APC to immediately forward his name to INEC as the APC’s candidate for Delta South Senatorial District in the 2027 general elections.
Diden is also praying for an order directing INEC to accept and/or receive his name from the APC as the party’s candidate in the 2017 senatorial election in Delta South Senatorial District.
